Recent Blog Posts
Florida Bar Issues Estate Planning Guidance for COVID-19 Emergency
During the ongoing COVID-19 pandemic, all Florida residents are advised to practice “social distancing.” This presents unique challenges for estate planning. Many critical documents, such as a last will and testament, need to be signed in the presence of other witnesses. Other documents must be notarized. But if you are unable to leave your… Read More »
The Effect of Divorce on Non-Probate Transfers of Property in Florida
In estate planning law, we often talk about “probate” and “non-probate” transfers of property. The difference between the two is simple. When property is transferred at death according to the terms of your will, that is a probate transfer. If the property is transferred through some other means, it is a non-probate transfer. Two… Read More »
What Is the “Probate Exception” and How Could It Affect My Future Estate?
Probate estates are administered under state law. That is to say, when you open an estate for a deceased person, you do so by filing a petition with a Florida state court, which oversees the proceedings. Federal courts typically do not get involved with the administration of estates under a judicial rule known as… Read More »
What Happens to My Savings Bonds After I Die?
Consider the following scenario. Jane’s mother recently passed away. While going through her mother’s papers, Jane finds an envelope containing several U.S. savings bonds issued to her mother more than 30 years ago. So what should Jane do with these bonds? Are they part of her mother’s estate? Can Jane simply go to the… Read More »
Who Pays for Estate Litigation in Florida?
Estate litigation broadly refers to disputes involving the administration of a person’s will or probate estate. For example, someone may contest the validity of the will itself. In other cases, there may simply be a disagreement over the proper construction or interpretation of the will. Of course, such litigation can be costly for the… Read More »
What Are a Parent’s Rights in a Florida Guardianship Proceeding Involving Their Child?
Many Florida parents find themselves acting as guardians for their incapacitated adult children. But keep in mind, parents do not have an automatic right to act as guardian without restriction. Adult guardianships are subject to active court supervision. This means a judge can remove a parent as guardian and replace them with someone else… Read More »
Is a Will Written on a McDonald’s Napkin Valid?
Have you ever jotted down a note on a bar napkin? Even in the age of smartphones, it is still not uncommon for people to make a short grocery list or write down a phone number on whatever piece of paper is handy. But would you ever make your will on a napkin? And… Read More »
What You Need to Know About Funeral Costs
One of the first things that happens after a person dies is their funeral. Family members often make hasty arrangements with the first funeral home they find. In many cases, they go into the process of planning the funeral unaware of its true costs–only to later find they are now on the hook for… Read More »
Understanding Florida’s Law Protecting Vulnerable Adults from Exploitation
In 2018, the Florida legislature adopted a new law authorizing judges to issue an “injunction for protection against exploitation of a vulnerable adult.” A “vulnerable adult” is a person over the age of 18 who is physically or mentally impaired in their ability to perform the daily activities of living, or otherwise cannot provide… Read More »
Separating the “Trustee” from the Person Serving as Trustee
One of the more difficult legal concepts with respect to trusts is that the “trustee” is not the same thing as the person who is serving as trustee. In other words, if you are serving as trustee over a family member’s trust, you are acting in a specific legal capacity. If someone sues you… Read More »
